Estate Law Questions? Ask an Estate Lawyer.
The executor is named in the will. If there is no will, there is no executor. Instead, and similar to an executor, one can apply to be an adminstrator. Usually this is done by a close relative such as a spouse, child or sibling.
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If the decedent was married, the person having the first right to apply for Letters of Administration is the surviving spouse. If the property owned by the decedent alone exceeds $20,000 but is less than $ 50,000, no surety bond need be posted. If there is only a surviving spouse with no children of both or the decedent, and no parents of the decedent, no bond is required regardless of the value of the estate. However, if the decedent had children with other than the surviving spouse a surety bond is required if the estate is $ 20,000 or more. If the decedent had no children but a surviving spouse and parents and the estate exceeds $ 50,000 a bond will be required.
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